The American Courts - Essay Example

The American courts take a dual system structure which includes the federal and state courts. State courts are specific to the relevant states, and each state has a different court system with 3, 4, or 5 tiers. The states also set up their court structure as well as the penal code and its enforcement.

 The lower courts are state courts that act as an entry point for criminal processing and hold initial and preliminary hearings. The courts handle minor criminal cases and most civil cases. Justice of the peace courts handles cases involving a violation of local orders, set bail issues search and arrest warrants, and deals with civil matters involving less money.  The municipal or magistrate courts handle larger caseloads and have wide discretion in the cases to handle.  Trial courts are state courts with general jurisdiction. They are courts of record and handle all civil and criminal matters and are often called district, circuit, or superior courts. The appellate courts are the highest courts at the state level and only handle appeals and review decisions of lower courts (Neubauer and  Fradella 61).

The federal courts are a creation of the Federal judiciary act, and there are 94 courts countrywide. These courts are trial courts and have jurisdiction over federal laws. The US district courts fall within the federal courts and often have a single judge, but complicated cases are heard by three judges and the defendant can request for a jury trial. There are 13 US courts of appeals located in a circuit with a three-judge panel. The US Supreme Court is the highest court and is authorized by the Constitution. The cases accepted for review by this court must pass the Rule of four, more than four justices feel that the matter needs consideration by the full court (Neubauer and  Fradella 65).